Can you Make a Non-Employee Work Injury Claim?

Could I Claim If Injured At Work Whilst Not An Employee?

Have you suffered a non-employee work injury that wasn’t your fault? Many people falsely believe that you can’t make injury at work claims if you’re not a contracted employee. This misconception can prevent people from looking into personal injury claims.

Non-employee work injury

Before we get into the article, you may have questions such as:

  • Is an injury at work classed as sickness?
  • What are my rights if I am injured at work?
  • Am I entitled to full pay if I have an accident at work?

Suffering an injury or illness due to an accident at work can severely affect your life. You shouldn’t have to suffer due to someone else’s negligence, and compensation could help you get back on track.

Get In Touch With Our Team 

Our team of advisers are available 24/7 to offer free legal advice. Once they’ve had a chat with you about your situation, they could forward you to our expert panel of personal injury solicitors to discuss how much compensation you could receive for your non-employee work injury claim.

If you’d like to contact our friendly team of advisers, we recommend you:

You shouldn’t suffer due to an employer’s negligence, so help us help you gain the compensation you deserve. Personal injury claims are a way for you to receive compensation for the pain and suffering you’ve had to endure due to your injuries.

Services And Information

  1. Everything You Need To Know About Non-Employee Work Injury Claims
  2. What Is A Non-Employee Work Injury Claim?
  3. Your Rights As A Contractor
  4. Your Rights As A Temporary Or Agency Worker
  5. Calculate Compensation For Non-Employee Work Injury Claims
  6. What Duty Of Care Are Non-Employees Owed?
  7. How Much Time Do I Have To Claim If I Was Not An Employee?
  8. I Suffered A Non-Employee Work Injury, What Should I Do?
  9. Do You Handle Non-Employee Work Injury Claims On A No Win No Fee Basis?
  10. Other Information
  11. FAQs About Work Injury Claims For Non-Employees

Everything You Need To Know About Non-Employee Work Injury Claims

This guide will discuss what a non-employee work injury claim is and what injury at work rights you have as a contractor. It will then move onto your rights as a temporary or agency worker, before outlining a personal injury claims calculator table to convey how much compensation some people may receive for their injuries. 

Next, the article will look at the duty of care employers owe non-employees. Furthermore, there will be a section discussing the personal injury claim time limits, as we want to ensure you don’t leave it too late to pursue your claim. 

The guide will also explore what steps you should take after suffering a non-employee work injury, including what evidence you should gather and how you can work with a personal injury lawyer. 

Finally, the article will look at how our panel of personal injury solicitors works on a No Win No Fee basis and what this means. There will also be a section answering our most frequently asked questions regarding a non-employee work injury.

What Is A Non-Employee Work Injury Claim?

If you’ve been injured at work but you’re not an employee, you’re not alone. Whether you’re contracted full-time or part-time, employed through a third party, or under temporary employment, you have injury at work rights. An employer has the same duty of care to non-employees and regular employees to safeguard and protect them by minimising hazards. 

Although statistics specific to a non-employee work injury aren’t readily available to the public, statistics surrounding non-fatal injuries to employees and the self-employed are. This can give us an idea of how common workplace injuries are.

Non-employee-work-injury-statistics-graph

The graph above includes statistics from RIDDOR conveying the number of non-fatal injuries to employees and the self-employed in Great Britain from 2015/16 to 2019/20. (These figures reflect non-fatal injuries that resulted in the victim taking over 7 days of absence.) The number of injuries at work has steadily gone down, with the number of reported workplace injuries in 2015/16 presented at 55,262. 

On the other hand, the number of workplace injuries in 2019/20 was 48,326. Although the number has significantly decreased over time, there are still thousands of reported workplace injuries each year.

These statistics portray how much of an issue work-related injuries are and how often they’re occurring. Workplace accidents can cause injuries such as:

  • Broken Ankle
  • Wrist fracture
  • Broken arm
  • Broken leg
  • Fractured fingers
  • Broken hand

If you were working on an employer’s premises and suffered an injury due to their neglect, then you could claim. Read on to find out more or call to see if you have a valid claim.

Your Rights As A Contractor

A contractor is someone who provides services to a client for an agreed period of time. They can either be self-employed, a worker or an employee. If a contractor works for an agency, the agency may be classed as their employer rather than the client. 

Typical jobs that contractors perform are:

  • Construction work
  • Security services
  • Maintenance
  • Gardening
  • Cleaning
  • IT technical support
  • Marketing
  • Catering

Employers are responsible for workplace health and safety. So, regardless of whether the contractor is a direct employee or not, they have a right to work in an environment where an employer takes reasonable steps to ensure their safety is protected. 

The employer should carry out risk assessments on site to outline the possible risks of the task at hand. Employers should also ensure that contractors have the right skills and experience to carry out tasks given to them.

Your Rights As A Temporary Or Agency Worker

Agency workers are employed by an agency to carry out work for other employers. However, the employer that hires the worker through the agency would be responsible for their safety and protection in the workplace. 

If an employment business places a worker with another employer for short periods of time, the worker is classed as a temporary worker. In this case, the duty of care still tends to apply to the employer that the worker is working for. The agency has little control over the safety of the worker, as it’s the employer’s duty of care to protect and safeguard them in the workplace.

According to the Health and Safety Executive, as a temporary or agency worker you:

  • Must not risk your own health and safety and the safety of people who may be affected by your work.
  • Should cooperate with the agency and employer to fulfil any health and safety training required, which must not cost you anything.
  • Have the right to be told about any risks the work poses to you, as well as the qualifications and skills you must have to pursue it.
  • Should be made aware of how you can raise concerns about your health and safety.

If you need more information about your rights as a temporary or agency worker, you can get in contact with our friendly team of advisers today. They’d be happy to have a chat with you about your situation and are available 24/7 to give free legal advice.

Once they’ve learned more about your situation, they could connect you with our experienced panel of personal injury lawyers to discuss compensation amounts and help you begin your personal injury claim today.

Calculate Compensation For Non-Employee Work Injury Claims

Some guides include a personal injury claims calculator, but we believe that wouldn’t be accurate or helpful in this instance. Each non-employee work injury is unique and presents different challenges, so individuals will receive different compensation amounts.

However, we’ve included the table below with figures from the Judicial College Guidelines (JCG) to convey how much compensation some people receive for their injuries. (The JCG is a publication solicitors may use to help them value injuries.) This table is an example, so figures may vary.

Edit
Injury: Severity: Notes: Compensation:
Mental Anguish Severe Fear of impending death. £4,380
Post-Traumatic Stress Disorder Severe Individual is unable to work and has had alterations to lifestyle, being unable to live the same way as before. £56,180 to £94,470
Post-Traumatic Stress Disorder Moderate Individual’s mostly recovered from PTSD but still suffering. £7,680 to £21,730
Chest Injuries The worst type of case Total removal of one lung and/or severe heart damage with prolonged pain and suffering. £94,470 to £140,870
Chest Injuries Relatively simple injury Some permanent damage to tissue but no significant long-term effect on function of lungs. £11,820 to £16,860
Lung Disease Serious disability Young person where there is the probability of progressive worsening and premature death. £94,470 to £127,530
Lung Disease Breathing difficulties Requiring frequent use of an inhaler , inability to tolerate a smoky environment, and significant effect on social and working life. £29,380 to £51,460
Asbestos-Related Disease Mesothelioma causing severe pain and impairment on function and quality of life Awarded bracket depends on the extent of pain and suffering, extent and effects of surgery, chemotherapy, and radiotherapy and how much the tumor had spread. £65,710 to £118,150
Asbestos-Related Disease Asbestosis and pleural thickening Symptoms of breathlessness and reduced lung function. £36,060 to £99,330
Asthma Severe and permanent Disabling asthma causing regular coughing, sleep disturbance, and grossly restricted working life. £40,410 to £61,710
Asthma Bronchitis and wheezing Affects working and social life, but with the likelihood of recovery a few years after exposure. £18,020 to £24,680

General damages provide compensation for the injury itself and any physical and mental effects it has presented in your everyday life. The awarded bracket for general damages depends on the severity of your injuries and the duration of treatment.

Special damages compensate for the financial impact the injuries have had on your life. For example, if you have to pay for prescription medication or travel to and from medical appointments by bus, train, or taxi you could recover the costs. You must provide evidence to qualify for special damages. For example, you might use bus tickets to prove you paid for travel to appointments.

Please don’t hesitate to get in contact with our team of advisers if you’d like more advice about general and special damages. Once an adviser has had a chat with you about your situation, they can assess how much compensation you could receive from your personal injury claim.

What Duty Of Care Are Non-Employees Owed?

Whether directly hired as an employee or working for a company through a third party, you have the same injury at work rights as every other employee. This means an employer owes you a duty of care to safeguard and protect you in their workplace as much as reasonably possible. 

They should equip you with adequate health and safety training so you have the right knowledge to stay safe whilst carrying out your work. You also have the right to the shared workplace facilities, such as a canteen, toilet and any other facilities that other employees in your workplace have access to.

The Health and Safety at Work etc. Act 1974 states that all employers have a duty of care to protect and safeguard employees. An employer can do this by:

  • Minimising workplace hazards and risks as much as reasonably possible.
  • Providing adequate health and safety training to employees.
  • Assessing the skills and capabilities of employees to ensure they are trained enough to complete tasks given to them.

How Much Time Do I Have To Claim If I Was Not An Employee?

Generally, the personal injury claims time limit for a non-employee work injury is three years. This is three years from the date you were first injured or three years from when you discover that your injuries were caused by someone else’s negligence. There are some exceptions to the three-year rule, such as:

  • Children: If you’re under 18, the three-year personal injury claims time limit begins on your 18th birthday. If you’d like to pursue the claim earlier, a friend/family member can become a litigation friend and file the claim for you whilst you’re under 18.
  • Mentally incapacitated: If you lack mental capacity, the three-year time limit starts when your recovery commences. However, someone you know can act as a litigation friend to begin the claim for you sooner.

The clock’s ticking, so why wait? You can contact our professional team of advisers today to begin your personal injury claim process. Please note that you’re under no obligation to continue with our services once you’ve received free legal advice from an adviser. However, if you’d like, an adviser can connect you with our panel of personal injury lawyers to begin your claim.

I Suffered A Non-Employee Work Injury, What Should I Do?

How do you handle an injury? If you’ve suffered a non-employee work injury, the first thing you should do is seek medical advice. You may not notice your injury at first, but you could begin to notice pain after a few days or weeks. The sooner you seek medical treatment, the quicker your recovery process could be. Moreover, you can use medical records as part of your claim to prove the severity of your injury and the duration of treatment. 

Next, you should collect all other evidence to support your claim. For example, you could gather CCTV footage, witness contact details for statements, a work accident report, and pictures of your injuries. This can all help prove that the work-related accident wasn’t your fault and it happened how you state it did. Moreover, you can provide sufficient evidence to prove the injury impacted your life financially. An example of this could be bank statements to prove you suffered a loss of earnings.

Finally, it’s recommended that you contact a specialist solicitor to help with your non-employee work injury. A lawyer could help you receive the maximum amount of compensation you deserve, as they’re experienced and qualified enough to know how to negotiate with the defendant. You may be wondering, ‘Can I do my own personal injury claim?’ The answer is yes, but it could be much more complicated and confusing than if you fund a solicitor. 

Do You Handle Non-Employee Work Injury Claims On A No Win No Fee Basis? 

Our panel of personal injury solicitors would be happy to discuss No Win No Fee agreements, or Conditional Fee Agreements, with you. A No Win No Fee agreement is a contract between you and your lawyer stating that you’re not required to pay your solicitor’s fees if your case doesn’t succeed. 

If your case fails, you don’t have to pay the fees your solicitor has worked for. If your case succeeds, your lawyer will deduct a small percentage of your compensation. This percentage is legally capped and will be discussed with you beforehand. It’s to pay your personal injury lawyer for their hard work in helping your claim succeed.

Don’t hesitate to contact our team of advisers today. We recommend you get in touch with them by:

Once you’ve had a chat with one of our advisers, you’re under no obligation to continue with our services. However, if you have a formidable claim, an adviser can connect you with our expert panel of personal injury solicitors to discuss your case further. They can then explore No Win No Fee agreements with you and calculate how much compensation you could be owed for your injuries.

Other Information

A Guide To Car Accident Claims – Car Crash Compensation In The UK What To Do? – How To Claim?: Have you been in a car accident that wasn’t your fault? Our guide explores how you could make a personal injury claim to receive compensation for your injuries.

Agency Worker Injury Claims Guide For Compensation: If you’re an agency worker and need more information regarding a non-employee work injury, our article tells you how you can pursue a claim.

How Do I Get More Money From An Injury Claim?:  Do you want to get the highest amount of compensation you’re owed? Our article portrays how to receive the maximum amount of compensation you deserve.

How Do I Know If I’ve Broken A Bone?: Do you suspect you may have a broken bone injury? This NHS article shows the signs, treatment plan, and recovery process for a bone fracture.

Broken Arm Or Wrist: If you think you may have suffered a broken arm or wrist injury, this NHS guide tells you the signs, treatment, and recovery process for an arm or wrist fracture.

Broken Ankle: This NHS article explores the symptoms, treatment process, and recovery time for a broken ankle injury.

FAQs About Work Injury Claims For Non-Employees

Does my employer have to pay me for an injury at work?

Employers may offer you company sick pay while you’re off work. However, it’s not mandatory. Statutory Sick Pay (SSP) is there to help you financially if you don’t receive company sick pay while you’re absent. All employers should provide this. To qualify for SSP, you must:

  • Earn an average of at least £120 per week.
  • Be classed as an employee, agency worker, or temporary worker who has done some work for employers.
  • Have at least 4 consecutive days off work due to your injury.

Is an accident at work classed as sickness?

If you take time off work due to injuries sustained from a workplace accident, this could be classed as sickness. You may be entitled to SSP if you’ve had more than 4 consecutive sick days off work.

What are my rights if I am injured at work?

Are you wondering ‘Can I claim for an injury at work?’ You could make a personal injury claim if you suffer a work-related injury that wasn’t your fault. Workplace injuries can significantly impact your life, so compensation aims to reimburse you for your pain and suffering. 

You also have the right to receive SSP to help you financially if you have to take sick days due to your injury. It’s against the law for your employer to discriminate against you for making a personal injury claim against them, even if you continue to work for them afterwards. 

Am I entitled to full pay if I have an accident at work?

Your employer may offer full company sick pay. Sick pay differs between employers, so we advise claimants to check their contracts to see if they are entitled to full sick pay.

Otherwise, your employer could provide you with SSP. You don’t qualify for SSP if:

  • You have exceeded the maximum amount of SSP (28 weeks).
  • Are in self-isolation due to returning to or entering the UK and don’t have to isolate for any other reason. 
  • Are receiving Statutory Maternity Pay.

Thank you for reading this article about how to make a personal injury claim for a non-employee work injury.

Writer HL

Checked by HT